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COLE v. HOUSING AUTHORITY OF CITY OF NEWPORT

No. 7680.

435 F.2d 807 (1970)

Catherine COLE et al., Plaintiffs, Appellees, v. HOUSING AUTHORITY OF the CITY OF NEWPORT et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

December 7, 1970.

Attorney(s) appearing for the Case

Victor A. Altman, Washington, D. C., with whom David L. Krooth, J. H. Krug, Washington, D. C., Joseph J. Nicholson, Newport, R. I., and Krooth & Altman, Washington, D. C., were on brief, for appellants.

Barry A. Fisher, Providence, R. I., for appellees.

Christopher Hayes, Clancy, Jonathan Weiss, and E. Judson Jennings, New York City, on brief for Columbia Center on Social Welfare Policy & Law, amicus curiae.

Anthony B. Ching, Cambridge, Mass., Robert E. Mittel, Portland, Me., and Henry M. Feinstein, Cambridge, Mass., on brief for The Harvard Civil Rights — Civil Liberties Research Committee, Pine Tree Legal Assistance, Inc., and Fair Housing Inc., amici curiae.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The question on this appeal is whether the district court properly granted summary judgment to two newly arrived citizens of Newport, Rhode Island, who sought to apply to the defendant Newport Housing Authority1 for admission to its federally-aided, low-rent, public housing projects notwithstanding the Authority's requirement that only those who have been residents of Newport for two years shall be eligible. Cole...

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